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Underdue v. Wells Fargo Bank, N.A.

United States District Court, W.D. North Carolina, Charlotte Division

August 13, 2014

FELICIA ANN UNDERDUE, Plaintiff,
v.
WELLS FARGO BANK, N.A., and ILA N. PATEL, KENDRA BROWN, SUSAN LYBRAND Defendants.

ORDER

ROBERT J. CONRAD, Jr., District Judge.

THIS MATTER comes before the Court on Wells Fargo Bank, N.A., (Wells Fargo), Ila Patel, (Patel), Kendra Brown, (Brown), and Susan Lybrand's, (Lybrand), (collectively: Defendants) Motion to Dismiss, (Doc. 7), and the related briefs and filings.

I. BACKGROUND

A. Procedural Background

Plaintiff, who is proceeding pro se, filed her Amended Complaint on April 14, 2014, alleging three causes of action: employment discrimination, intentional infliction of emotional distress (IIED), and tortious interference with a contract. (Doc. 3). On May 12, 2014, Defendants moved to dismiss Plaintiff's claim under Rule 12(b)(6).

B. Factual Background

Plaintiff Felicia Ann Underdue started working for First Union Bank (now Wells Fargo) in 1997 in the online service department. She resigned in 1999 and returned to her position in 2000, where she has remained through the present. (Doc. 3). She has been supervised by Patel, Brown, and Lybrand. (Id.). In her complaint, Plaintiff cites a host of incidents perpetrated by Defendants that were allegedly designed to create a hostile work environment and to thwart Plaintiff's ability to be promoted out of the department. (Id.).

Plaintiff makes three claims against Defendants, alleging that she is disabled, suffering from both physical and mental disabilities, and that Defendants excluded her from training opportunities that would have allowed her to be promoted while less experienced employees were offered training and promoted above her. (Id.). Furthermore, she cites several incidents in which Defendants "bullied her." (Id.). The workplace abuse alleged includes: scheduling training "during stressful periods of [Plaintiff]'s life, " such as after the death of her father or the week her son was ordered to appear in court; issuing probation for a time sheet error; lying about vacation and scheduling policies; and, forcing Plaintiff to use vacation time or allotted community service time to attend work sponsored events. (Id.).

Plaintiff claims relief under the Americans with Disabilities Act and North Carolina public policy ensuring Equal Employment Practices Act in Count One; intentional infliction of emotional distress in Count Two; and tortious interference with a contract in Count Three. (Id.).

II. STANDARD OF REVIEW

A motion to dismiss under Rule 12(b)(6) tests the sufficiency of the plaintiff's complaint. See Edwards v. City of Goldsboro , 178 F.3d 231, 243 (4th Cir. 1999). Except in certain specified cases, a plaintiff's complaint need only satisfy the "simplified pleading standard" of Rule 8(a), Swierkiewicz v. Sorema N.A. , 534 U.S. 506, 513 (2002), which requires a "short and plain statement of the claim showing that the pleader is entitled to relief." FED. R. CIV. P. 8(a)(2). To satisfy this Rule 8 requirement, the showing must consist of at least "enough facts to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal , 556 U.S. 662, 697 (2009) (quoting Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570 (2007)); see also Robinson v. American Honda Motor Co., Inc. , 551 F.3d 218, 222 (4th Cir. 2009). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal , 556 U.S. at 678. "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id . Although the Court must consider all well-pled allegations in the complaint as true, Erickson v. Pardus , 551 U.S. 89, 94 (2007), and must construe all factual allegations in the light most favorable to the plaintiff, Harrison v. Westinghouse Savannah River Co. , 176 F.3d 776, 783 (4th Cir. 1999), the Court is "not bound to accept as true a legal conclusion couched as a factual allegation." Papasan v. Allain , 478 U.S. 265, 286 (1986).

III. DISCUSSION

The Court takes the allegations in Plaintiff's complaint as true; furthermore, the Court interprets the pleadings ...


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